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Guide · Work injuries · All states

Hurt on a construction site: workers' comp and claims against other companies

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

It depends on who caused it.

  • In New Jersey, workers' compensation is generally your only remedy against your own employer and co-workers, except for an intentional wrong.
  • A claim against another company on the site, or the maker of equipment that failed, is still allowed.
  • Tell your employer within 14 days.

Checked October 14, 2026.

Sources: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17; N.J.S.A. 2A:58C-2. Every fact cites a source

Checker

Who was involved?

Pick the closest one. It shows which New Jersey rule applies. It can't tell you whether you have a claim, or whether comp covers the injury.

My employer or a co-workerWorkers' compensation
What it is
Generally the only remedy against your employer and co-workers.
Why it matters
The exception is an intentional wrong.
The rule
Tell your employer within 14 days, and file a comp claim petition within 2 years after the accident or the last payment.
What you can do now

Report the injury to your employer in writing, and keep a copy.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
Another company on the siteA claim is still allowed
What it is
A claim against an outside party who caused the injury.
Why it matters
A right to workers' comp doesn't bar a claim against an outside party.
The rule
If that claim recovers money, your employer or its insurer is paid back for the benefits it paid. The general deadline to sue is 2 years.
What you can do now

Write down which companies were working there that day, and who was in charge of the area.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17; N.J.S.A. 2A:14-2(a)
Equipment that failedThe maker or seller
What it is
A product liability claim.
Why it matters
A product must be reasonably fit, suitable and safe for its intended purpose.
The rule
The person hurt must prove the product strayed from its design, lacked adequate warnings or instructions, or was designed in a defective manner.
What you can do now

Ask that the equipment be kept as it is, and photograph it and its labels.

Source: N.J.S.A. 2A:58C-2
A public projectA much shorter deadline
What it is
A claim against a public entity.
Why it matters
Its notice deadline is far shorter than the usual deadline to sue.
The rule
Written notice of a claim against a New Jersey public entity is due within 90 days.
What you can do now

Write down the project's name and who runs it.

Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

NJAgainst your employer: workers' comp

If an injury is covered by workers' compensation, your employer and co-workers generally can't be sued for it. The exception is an intentional wrong.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17

NJAgainst another company on the site

Workers' comp doesn't stop a claim against an outside party who caused the injury. On a construction site, that can be a general contractor or a subcontractor you don't work for, or the maker of equipment that failed.

Your employer and co-workersWorkers' comp, generally

No lawsuit, except for an intentional wrong.

Another company, or an equipment makerA claim is allowed

Comp benefits don't bar it. If it recovers money, the employer or its insurer is paid back for the benefits it paid.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17

NJWhen equipment fails

The maker or seller of a ladder, a tool, a machine or other equipment can be liable in New Jersey when it wasn't reasonably fit, suitable or safe for its intended purpose. The person hurt must prove one of these.

  1. It strayed from its designIt deviated from the maker's design specifications, formulas or performance standards.Source: N.J.S.A. 2A:58C-2
  2. Its warnings fell shortIt failed to contain adequate warnings or instructions.Source: N.J.S.A. 2A:58C-2
  3. Its design was defectiveIt was designed in a defective manner.Source: N.J.S.A. 2A:58C-2
Source: N.J.S.A. 2A:58C-2

NJThe deadlines

  1. Tell your employerN.J.S.A. 34:15-17Within 14 days
  2. No comp without notice or knowledge afterN.J.S.A. 34:15-1790 days
  3. File the comp claim petitionN.J.S.A. 34:15-512 years after the accident or the last payment
  4. Sue another company, in generalN.J.S.A. 2A:14-2(a)2 years
  5. A claim against a public entityN.J.S.A. 59:8-8Notice within 90 days
Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17; N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

NJTwo kinds of claim, two fee limits

A comp case and a lawsuit against another company follow different rules for what a lawyer can charge.

The workers' comp caseUp to 25% of the judgment

The judge may allow a reasonable lawyer fee up to that limit.

A lawsuit against another company33⅓% of the first $750,000

The cap steps down on larger recoveries, and the fee is figured after case costs come out.

Source: N.J.S.A. 34:15-64(a), as amended by P.L.2024, c.55; Acting Governor's bill signing, August 22, 2024; R. 1:21-7(c), (d)

NJWhen it's worth asking a lawyer

  1. Another company's work or worker was involvedA claim against an outside party is allowed alongside comp.Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
  2. Equipment failedA product claim has to prove the defect, so the equipment itself matters.Source: N.J.S.A. 2A:58C-2
  3. You didn't tell your employer right awayComp may not be due until notice is given, and none is allowed without notice or knowledge within 90 days.Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
  4. It was a public projectWritten notice of a claim against a public entity is due within 90 days.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

Can I sue my employer after a construction accident in New Jersey?

Generally no. Workers' compensation is the remedy against your employer and co-workers, except for an intentional wrong.

Can I sue the general contractor or another subcontractor?

If a company you don't work for caused the injury, a claim against it is still allowed. If it recovers money, your employer or its insurer is paid back for the comp benefits it paid.

Can I sue the maker of a ladder or tool that failed?

A maker or seller is liable in New Jersey when a product wasn't reasonably fit, suitable or safe for its intended purpose: it strayed from its design, lacked adequate warnings, or was designed defectively. The person hurt must prove it.

How long do I have after a construction accident in New Jersey?

Tell your employer within 14 days and file a comp claim petition within 2 years. A lawsuit against another company generally must be filed within 2 years.

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